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Why the 1937 Constitution was introduced

  • 09-12-2008 6:59pm
    #1
    Banned (with Prison Access) Posts: 583 ✭✭✭


    Hi Guys
    Need some advice on why an new constitution was introducted in 1937 (ie. alterations and why they were politically neccessary). Your help on this would be much appreciated!

    Many Thanks!!


Comments

  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,781 Admin ✭✭✭✭✭hullaballoo


    Read: State (Ryan) v Lennon.

    I'm not sure about the copyright status, so I'm not going to post the case, but it's available on justis.com.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,561 Mod ✭✭✭✭johnnyskeleton


    xp90 wrote: »
    Hi Guys
    Need some advice on why an new constitution was introducted in 1937 (ie. alterations and why they were politically neccessary). Your help on this would be much appreciated!

    Many Thanks!!

    It started with wanting to get rid of all references to the Queen and replacing them with God, and ended up (inadvertently) being a fairly progressive modern constitution. That's my take on it anyway.
    Read: State (Ryan) v Lennon.

    I'm not sure about the copyright status, so I'm not going to post the case, but it's available on justis.com.

    The body of the judgement is public domain, the headnote is copyrighted but there's always fair use.


  • Registered Users, Registered Users 2 Posts: 7,110 ✭✭✭Thirdfox


    Fair use - falling under educational purposes or commentary purposes right?


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Read the preface - it's all there. De Valera had a few persons draft it and review it too.

    I think Canadian's looked at it! http://www.waterford-today.ie/index.php?option=com_content&task=view&id=786&Itemid=10207&ed=44

    DeV was very good.

    Tom


  • Banned (with Prison Access) Posts: 583 ✭✭✭xp90


    could anybody please give me a few of those political points and explain them (not in too much detail!)


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  • Banned (with Prison Access) Posts: 3,062 ✭✭✭walrusgumble


    maybe reading various autobiographies on dev valera might give you an insight on the political aspect of the man and people like him. i would imagine the public records in relation to ireland's foreign policy would be helpful so too would minutes from dail speeches. james casey and hogan in their respective constitution books do a bit on this - compare 1922 constitution to that of 1937 republican and catholic ethos (not catholic enough for the likes of archbishop macquaid of course- in fairness dev stood up to the churh)

    in essence the 1922 constitution transposed the anglo irish treaty - the link keystone between . one which we all know dev was not a fan of. then again, any one ever read his document no 2? he seemed to have very little problem with some parts.

    in my humble opinion, the circumstances and the changing times and attitude towards the empire-commonwealth changed after the statute of westminister (i stand to be corrected) dominion states got more power in domestic issues without always going back to westminister for approval. then you got dev successfully manovering over the king's adbuction in 1933ish- the oath which in essence if one compares the oath to the canadian and australian.. the irish one was not actually an oath of allegiance to the king but more to do with fidelity, of course one needs to also look at the stroke of political genius performed in making the role of governor general completely useless (though in fairness kevin o'higgins kept tm healy at bay)

    then you need to look at what was going on in ireland itself, cumann na ngaedheal did do a very good job in restoring the country peace wise with an garda siochana and they did the donkey work for dev to get where he got to in the 1930's... not all in cng forgot their republican creditials.

    basically,as you all know, dev and co when elected to government set out to dismantle the 1922 constitution. dev was anious and concerned about ireland's role in the world, for after all he was external affairs minister (collins who was involved in the said constitution made efforts to make if more republican by not making reference to crown believing the treaty was enough... that got shot down by llyod george immediately which i believe was on the basis of another threat of war) by the time of bunreacht na heireann england/britian had their eyes on other issues in europe,

    unfortuately, dev was blind or failed to see the future potential as collins did when collins was proven right that the treaty was a step to achieve further freedom.. all the moves of which dev did was with the stroke of the pen as oppose to the gun.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,561 Mod ✭✭✭✭johnnyskeleton


    Tom Young wrote: »
    DeV was very good.

    I think he looked like a penguin to be honest

    http://upload.wikimedia.org/wikipedia/commons/8/85/%C3%89amon_de_Valera_03.jpg


  • Banned (with Prison Access) Posts: 583 ✭✭✭xp90


    What relevance is State v. Lennon? I cant seem to find the case.


  • Registered Users, Registered Users 2 Posts: 9,026 ✭✭✭Lockstep


    xp90 wrote: »
    Hi Guys
    Need some advice on why an new constitution was introducted in 1937 (ie. alterations and why they were politically neccessary). Your help on this would be much appreciated!

    Many Thanks!!

    Would I be right in guessing that you're in NUIG doing legal science?


  • Banned (with Prison Access) Posts: 583 ✭✭✭xp90


    An arts student?me?dont be ridiculous!:) doin law, wat about u?


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  • Registered Users, Registered Users 2 Posts: 9,026 ✭✭✭Lockstep


    I'm doing legal science.

    Looks like we're doing the same exam.


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